#delay in filing

The Bombay High Court has ruled that filing a writ petition to obstruct ongoing personal insolvency proceedings under the IBC, after a delay of nearly ten years, is an abuse of process. The judgment reinforces that statutory adjudication under the IBC must prevail over belated public law challenges, setting a critical precedent for creditors and guarantors facing delayed constitutional challenges to insolvency triggers.

Allahabad High Court dismisses a habeas corpus petition filed after a year, ruling that delay defeats the remedy unless the initial remand is inherently illegal. The court reaffirms that mere procedural irregularities without substantive illegality do not warrant relief under Article 226, impacting detainees seeking timely judicial intervention.

The Allahabad High Court has ruled that procedural delays in filing forest land claims by tribal and rural communities cannot override their substantive rights under the Forest Rights Act. By setting aside orders rejecting claims on technical grounds, the court affirms that justice for downtrodden groups must prioritize equity over procedural rigidity, reinforcing Article 227’s role in correcting administrative injustice.

ITAT Dehradun condoned a 983-day delay in filing appeals, accepting the assessee's bona fide reliance on a deceased counsel whose illness and death disrupted proceedings. The Tribunal remanded the quantum assessment for de-novo proceedings and set aside penalties under Section 272A, reinforcing due process protections for taxpayers facing unforeseen disruptions.

Madhya Pradesh High Court rules that service-related claims filed beyond the statutory limitation period under Section 20 of the Administrative Tribunals Act, 1985, are barred by laches, even if the promotion was allegedly illegal. The judgment underscores the importance of timely legal recourse for government employees challenging promotions or service disputes.

Chhattisgarh High Court dismisses a 25-year-old labour claim, ruling that unexplained delay and lack of corroborative evidence defeat a workman’s claim under the Industrial Disputes Act, regardless of statutory limitation. The judgment reinforces that laches can bar claims even where no specific limitation period applies, impacting daily wage workers and employers alike.

MP High Court rules that pension claims based on recurring cause of action cannot be dismissed solely on grounds of delay. The court remanded the case for merit-based adjudication, emphasizing that statutory pension rights remain enforceable regardless of procedural delays.

The Jharkhand High Court has ruled that delays in filing restoration applications due to Covid-19 lockdowns, even after the Supreme Court’s 90-day limitation waiver, can still be condoned if the delay is demonstrably attributable to pandemic disruptions. This sets a critical precedent for litigants facing systemic access-to-justice barriers during public emergencies, reinforcing that procedural rigidity must yield to substantive fairness when external forces prevent timely filings.

MP High Court rules that trial courts cannot reject Khasra records or other public documents solely on grounds of delay under CPC Order 8 Rules 1 and 3. The judgment reinforces that public documents must be admitted to ascertain truth in land disputes, irrespective of procedural delays.

ITAT Delhi condoned a 614-day delay in filing an income tax appeal, ruling that the sudden death of the assessee and lack of communication from the authorized representative constituted sufficient cause. The tribunal directed the CIT(A) to decide the appeal on merits after hearing the legal heirs, reinforcing the liberal approach to condonation under natural justice principles.

Gauhati High Court ruled that mere khatiandar status under historical tenancy laws does not confer ownership rights, and an unexplained 50-year delay in filing a writ petition for land restoration disentitles the petitioner to equitable relief under Article 226. The judgment reinforces that revenue records alone are insufficient to establish title without timely legal action.

Bombay High Court condones 142-day delay in filing statutory appeal, holding that non-intentional administrative hurdles justify relief in interest of justice.

Rajasthan High Court holds that delay in filing written statement is excusable if plaintiff evidence has not begun, reinforcing procedural fairness under Order VIII Rule 1 CPC.

Bombay High Court holds that delay in filing administrative appeals must be condoned if reasonably explained, regardless of technical objections. Key precedent for procedural fairness.

Bombay High Court clarifies that delay in filing anticipatory bail applications does not disentitle applicants if no prejudice is shown to investigation or public interest.